The www.vagitaminz.com website, and any other websites or applications associated with VAGITAMINZ and its family of brands and products (collectively, the “Website”) is owned and operated by SLATE BRANDS INC and its affiliate companies (“Slate Brands,” “we,” “us,” “our”) and these Terms govern your access and use of the Website.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of any revised Terms means you agree to the changes.
If you require more assistance you can contact us by emailing firstname.lastname@example.org.
INTELLECTUAL PROPERTY RIGHTS.
All contents, features, and functionality (including but not limited to all information, software, text, trademarks, logos, displays, images, video, and audio, and the design, selection, “look and feel,” and arrangement thereof) included in the Website are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works, republish or transmit the Website, in whole or in part, or in any way without our prior written consent.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law.
The Website may contain certain content, features, links, and functionality that is provided by third-parties (collectively, “Third-Party Materials”) and is not under our control nor are we responsible for the accuracy, completeness, timeliness, or reliability of Third-Party Materials. Your use of and interaction with such Third-Party Materials may be subject to separate terms and conditions of that third-party and we are not responsible for any form of transmission received from any Third-Party Materials. The inclusion of Third-Party Materials does not imply an endorsement by us or any association with the third-party.
SOCIAL MEDIA FEATURES.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites;
- Send emails or other communications with certain content, or links to certain content on this Website; or
- Cause limited portions of this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You agree not to:
- Establish a link from any website that is not owned by you;
- Cause the Website or portions thereof, to be displayed, or appear to be displayed on any other website;
- Link to any part of the Website other than the homepage; or
- Otherwise take any action with respect to the content on this Website that is in violation of these Terms.
You may use these features solely as they are provided by us and you must not take any action that is inconsistent with these Terms. We may disable all or any social media features and any links at any time without notice at our sole discretion. If you decide to use or access any of the third-party websites linked to this Website you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
ACCESS AND USE OF THE WEBSITE.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, if, in our opinion, you have violated any provision of these Terms.
RESTRICTIONS ON USE.
You agree not to access or use the Website for any purpose that is unlawful or prohibited by these Terms, including without limitation, to:
- transmit any information or message that contains unlawful, infringing, threatening, fraudulent, libelous, defamatory, obscene or abusive information or language;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- impersonate any person or entity without proper authorization from that person or entity;
- falsely state or misrepresent your affiliation with any person or entity, including the origin of any information you provide;
- reproduce, duplicate, copy, download, store, further transmit, disseminate, distribute, transfer, or otherwise exploit the Website, or any portion thereof without our prior written consent, except that content on the Website may be viewed, reproduced, and downloaded solely for your own authorized use as a paying customer and is not in use or shared in any way that is commercially prejudicial to or competitive with us;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website, or attempt to probe, scan, test the vulnerability of, or breach the security of any of our systems or networks;
- interfere with or attempt to interfere with any software making up a part of the Website, by way of circumvention, reverse engineering, deciphering, decompiling, disassembling, decrypting, or otherwise;
- introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technically harmful;
- use any robot, spider, intelligent agent, other automatic device or manual process to search, monitor, or copy the Website, or the reports, data, information, content, software, products, or other materials on, generated by or obtained from the Website or any other unauthorized automated means to compile information without our permission, with the exception of generally available third-party web browsers;
- obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Website;
- use the Website in any manner that could damage or overburden any our server, or any network connected to any our server, as all servers have limited capacity and are used by many people;
- upload or transmit any communication, software, or material that contains a virus or is otherwise harmful to us or our users’ computers and/or systems;
- engage in any other conduct that restricts or inhibits any person from using or enjoying the Website, or that in our sole discretion, exposes us or any of our users, employees, affiliates, or any other third-party to any liability, damage, or detriment of any type;
- advertise, offer to sell or buy any goods or services for any business purpose, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; or
- violate any applicable laws or regulations
Violation of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms. We may suspend or terminate your access to the Website for any or no reason at any time without notice.
CHANGES TO PRODUCTS AND PRICES.
We reserve the right to make changes to the products and prices listed on the Website, and to other content of this website, at any time without notice.
While we do our best to ensure that product descriptions on our Website are accurate, some inaccuracies, typographical errors or misinterpretations may occur. We reserve the right to correct such inaccuracies or typographical errors as they are identified.
RETURNS & EXCHANGES.
All our products are considered FINAL SALE items and are not eligible for returns or exchange.
Please contact us at email@example.com for further information.
SECURITY & PAYMENT.
DUTIES AND TAXES.
All prices indicated on this website do not reflect any or all of the international duties, taxes, or other customs charges that the package may encounter when it arrives at its final destination. Please contact the customs agency officials to find out of all applicable taxes and duties (if any). Those charges vary greatly from country to country and will not be covered by us.
FAILED DELIVERIES | REFUSED SHIPMENTS | INCORRECT ADDRESS.
Your order will be shipped via a shipping provider to the address provided. Tracking numbers are sent to your email address as soon as we receive them from our warehouse. If you do not receive a tracking number, please let us know. Use your shipment tracking number to track your package in transit.
Incomplete or incorrect address information is the primary cause of delayed shipments. Check the information on your order. Make sure you have included ALL the information (address, apt#, etc.) needed to deliver your package. Some shipping providers charge a service fee for address corrections. The customer will be responsible for the payment of additional fees caused by the wrong address information.
DELIVERY OF ITEMS.
We do not take responsibility for products that have been marked as delivered by the shipping provider but have not been received. Please contact the shipping provider in case of such an issue.
WHAT DOES IT MEAN WHEN AN ITEM IS ON PRE-ORDER?
Popular items may sell out quickly and temporarily be out of stock. This means the items are on their way back to be restocked but in the meantime, you can reserve your selections on pre-order before it’s gone again. Pre-ordering is a worry-free way to ensure that you will be first in line for the new inventory and the item which you pre-ordered, will be shipped to you as soon as we receive it!
Any additional items you ordered in the same order as your pre-order item will be shipped out immediately and any pre-orders will be held as a back-order until it arrives.
The pre-ordered items will automatically ship out as soon as we receive the item in the order in which they were placed.
You will be notified via a shipment confirmation email (and a tracking number) once your pre-ordered items have shipped. No need to contact customer support to follow up on a pre-ordered item. We will update you on the status from here on out.
We will do our best to estimate* when pre-ordered items are expected to ship, so visit our website for new updates and new item lookouts.
*Shipping dates are subject to change and are not set in stone. We would love to promise the exact shipping dates for you, but there are unforeseen circumstances that may happen (customs, weather conditions, etc.). So we greatly appreciate your understanding. But we promise this, you will definitely enjoy your products!
ITEMS THAT ARE NOT AVAILABLE YET.
Certain items offered on the Website are available for purchase but because these products are only planned for and have not yet been manufactured, we can make no representation or warranty as to if and when such item will be shipped and provided to you. In the event we are unable to fulfill your purchase we will provide you with a full refund for such item.
MESSAGING TERMS & CONDITIONS.
You acknowledge that by voluntarily providing your telephone number(s) to us in any manner, you expressly agree to receive recurring automated marketing and informational text (e.g., SMS and MMS) messages from us, including text messages that may be sent using an automatic telephone dialing system, to such telephone number(s). Your consent to receive automated marketing text messages is not a condition of any purchase.
You certify that any telephone number(s) you provide is true, accurate, and you are the current owner. If we discover that this information is false or inaccurate, we may suspend or terminate your account at any time.
Msg & Data Rates May Apply.
There is no fee to receive automated telephone calls or text messages from us, however, you may incur a charge for these calls or text messages from your telephone carrier which is your sole responsibility.
Message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which messages are sent.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Our service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
Your consent to receive automated calls and texts from us is completely voluntary. Text the keyword STOP to any mobile message from us in order to opt-out. You may receive an additional message confirming your request to opt-out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that us and our service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from us through any other programs you have joined until you separately unsubscribe from those programs.
Mobile Phone Number Change.
You agree to immediately notify us of any change in ownership of such telephone number(s). In the event that you change or deactivate your mobile phone number, you agree to notify us by visiting https://support.attentivemobile.com/help/.
Changes to Messaging Terms.
We reserve the right to terminate or change our messaging program at any time. We also reserve the right to change these Messaging Terms at any time and such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.
If you are experiencing any problems, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS -IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SLATE BRANDS NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, TIMELINESS, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WE DO NOT WARRANT OR REPRESENT THAT THE WEBSITE WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIALS THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ANY WEBSITE LINKED TO IT.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, TITLE, SECURITY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SLATE BRANDS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICES PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, ANY ALLEGED FAILURE OR PERFORMANCE ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITE, OR ANY ALLEGED TRANSMISSION OF COMPUTER VIRUS, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL OUR LIABILITY EXCEED THE AMOUNT(S) PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to defend, indemnify, and hold harmless Slate Brands, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website.
Governing Law & Venue.
These Terms are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree to submit to the personal jurisdiction of the federal and state courts located in Los Angeles, California for any actions for which we retain the right to seek injunctive or other equitable relief. You agree that Los Angeles, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
In the interest of resolving disputes between you and Slate Brands in the most expedient and cost effective manner, we agree that any dispute arising out of or in any way related to these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Notwithstanding subsection the above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of you or Slate Brands to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and Slate Brands will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA.
The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us . The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
If you or Slate Brands intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Slate Brands address for Notice is: 11 Broadway, Suite 1155, New York, NY 10004, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Slate Brands will make good faith efforts to resolve the claim directly, but if you and Slate Brands do not reach an agreement to do so within 30 days after the Notice is received, you or Slate Brands may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Slate Brands must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Slate Brands agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or us made within 14 days of the arbitrator's ruling on the merits.
No Class Actions.
YOU AND SLATE BRANDS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless we both agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision.
Notwithstanding anything to the contrary in these Messaging Terms, if we makes any future change to this arbitration provision, other than a change to our address for Notice, you may reject the change by sending us written notice within 30 days of the change to our address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between us.
If an arbitrator decides that applicable law precludes enforcement of any of the limitations above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court.
This Website is designed for and intended for users 16 and older. If you are under 16, you may use this Website only with the involvement of a parent or guardian. If you are a parent or guardian, you must monitor and supervise the use of this Website by children under your care. You agree to be responsible for their use of this Website.
WAIVER AND SEVERABILITY.
No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any other provision of these Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Terms shall remain in full force and effect.
Any giveaways or promotions in connection with us shall be governed by the official rules applicable to such events.